Tesco delivery man sues cancer stricken family after falling over on their driveway

Published 05th May 2009

Desperate not to waste a minute apart from her husband as he battled cancer, Teresa Dunster decided to order her supermarket shopping online.

But instead of simplifying life, the decision has heaped further misery on the family after a Tesco delivery driver fell in their drive and sued them.

After getting lost, the supermarket driver arrived late on a dark, wet evening and fell over as he carried bags of shopping from the van to the house.

Mother of three Mrs Dunster asked if he was OK and driver Matthew Tompsett indicated he was fine and continued to hand over eight more bags.

Two days later Tesco phoned as a matter of routine because the incident had been reported as an accident, but the customer was assured he only suffered bruising and it was quickly forgotten.

Then three months after the fall Mr Dunster, 46, and her husband Adrian, 52, received a solicitor's letter explaining they were taking legal action on the driver's behalf because he suffered a fractured elbow in the fall.

The occupiers were blamed for not having a safe premises for deliveries.

Mrs Dunster's fury at being the latest victim of a 'compensation culture' was compounded because of her attitude towards tidiness and safety.

As well as her 10-year-old son and sick husband, she has her disabled 82-year-old mother-in-law living at home and every precaution is taken to ensure she doesn't fall over. Mrs Dunster is employed as her mother-in-laws carer.

A non-slip mat has been screwed to decking at the bottom of eight stairs outside - where the driver fell down - and although the driver claimed he slipped on a leaf, Mrs Dunster said she is 'obsessive' about clearing leaves from around the house.

The Dunsters were advised by the driver's lawyers to pass the claim on to their insurers and have done so. But they want the insurance company to contest the claim rather than pay compensation.

Mrs Dunster, of Chatham, Kent, said: 'I feel absolutely gutted. It's another kick in the teeth for us. How could they do this? What sort of people are they?

'I don't want the insurance company to just settle as I don't feel we have done anything wrong at all. Our house is safe.

'The milkman comes to the door and doesn't fall down and neither does the postman. I just feel he is taking the mickey and blaming me. It's up to him to be more careful.'

Mrs Dunster said her father died from lung cancer aged 78 in January last year and weeks later her husband Adrian, a desktop magazine publisher, was diagnosed with throat cancer. He underwent chemotherapy and radiotherapy and is now in remission.

However, he has lost his voice and was left desperately sick by the months of fighting the disease.

Mrs Dunster was unable to drive at the time of the fall last November, as she had not yet passed her test and had to shop online because she couldn't get to the supermarket herself.

Following a number of similar claims highlighted in the Daily Mail she believes customers shopping online should be clearly warned of possibility of being sued by the driver if an accident happens.

'I don't think Tesco does enough to protect and warn customers. I paid a £5 delivery charge for giving the driver the privilege to sue me,' Mrs Dunster said.

The solicitor's letter stated the householders were 'negligent' by being in breach of their statutory duty of providing a 'safe means of access.'

They also failed to warn the driver of to the 'danger' and the 'forseeable risk of injury.'

Last week the Daily Mail reported how lifelong Sainsbury's customers Carolyn and Richard Mozejko were refusing to give in to a threat of legal action by a delivery driver who suffered a hand injury while dropping off groceries at their home in Keighley, West Yorkshire.

Last August estate agent Paul Singleton from Selby was threatened with legal action by a Tesco delivery driver who injured his ankle while dropping off groceries. Tesco later settled the matter 'internally' with the driver.

A Tesco spokeswoman said: 'We do not support this claim and do not think it is appropriate for our customers to be sued.

'We had not been made aware until now that our employee was taking this action, now that it has been brought to our attention we will be carrying out a full investigation.'

Source: ' Daily Mail '

View All Latest Articles